TERMS/CONDITIONS OF EACH MUSKOKA COTTAGE RENTAL
When we send you a Rental Application form for completion (see section 'How to Book'), we also send a copy of the following 'TERMS AND CONDITIONS OF RENTAL'. By signing the application form you are agreeing that you have read and accept the TERMS AND CONDITIONS OF RENTAL. Once the rental application has been accepted, a Rental Agreement between the cottage Owner and the Renter must be signed. Please be aware that once these agreements have been signed this is a binding contract. Therefore, you should read the text carefully and make sure you understand what you are signing. We have reprinted the text of the TERMS AND CONDITIONS OF THE RENTAL here in case you lose your printed copy. If you have questions on any of the content, please contact the Vacation Time Real Estate Inc. office in Muskoka.
TERMS AND CONDITIONS OF RENTAL 2017 Vacation Time Real Estate Inc., Brokerage
- The following expressions have the following meanings: a) “Company” shall mean Vacation Time Real Estate Inc. b) “Owner” shall mean the Owner of the Property offered for rent c) “Property” shall mean any one of the properties detailed on the Company’s website, or supplementary lists/websites, and is the subject of a rental to the Renter d) “Renter” shall mean any Renter or Renters with whom a booking of the Property is effected e) “Rent” shall mean the total rent payable for the whole period of a Rental.
- The Renter understands that the Company represents the Owner as a client under an Agency Agreement and offers Customer Service to the Renter only as described on the Company’s website.
- Although the Company has viewed the property, the Company gives no warranty as to the state of the Property and accepts no liability for any act, neglect or default on the part of the Owner or any other person or any loss, damage, expense, accident, injury or inconvenience, whether to person or property arising out of any Rental or any application thereof, or any written or oral statements made by or on behalf of the Company or by the Owner to the Renter about the Property, provided always that the Company shall give all information and make all statements in good faith and endeavors to check, so far as it is reasonably able, all information given to the Renter.
- Upon acceptance of the Application by the Owner and receipt of deposit by the Company from the Renter, the Renter becomes liable for the balance of Rent for the full period of Rental and the contracts become legal and binding. A signed, unsigned, digital or faxed copy of Rental Application, Terms and Conditions and Rental Agreement constitutes an original copy and is binding.
- The Renter shall pay for booking of any Rental by negotiable cheque in CDN dollars to the Company, Interac e-mail transfer, OR VISA/MasterCard. Credit card payments are subject to a 2% transaction fee. All monies to be held in their real estate trust account, that neither collects or pays interest, until the completion of the transaction (including verification by the Owner of an acceptable property inspection): a) immediately, a deposit of one third of the total Rent and the Company’s administration fee b) no later than four weeks before the commencement of the Rental, the balance of the Rent and security deposit required by the Owner c) Rentals booked less than four weeks in advance will require full payment of Rent, security deposit and the Company’s Administration fee by certified cheque, direct deposit or Interac e-mail transfer or credit card.
- Without prejudice to the provisions of Condition 5, the Company shall be entitled to treat the booking of any Renter as cancelled in the event that: a) the Renter gives written notification of cancellation to the Company b) the Renter fails to pay the balance of Rent by the time specified in 5 (b) and in the event that the booking is so cancelled the Company will endeavor to rebook the Property for the exact period concerned. If the Property cannot be rebooked for the exact same period of time and terms of the Rental booking by the balance due date, then all monies less the security deposit paid by the Renter will be forfeited. If rebooking for exact same period of time and terms can be arranged the Company will refund all monies paid less a handling fee of $100.00 and the Company’s administration fee.
- The Renter undertakes: a) that the number of people occupying the Property shall not exceed the number stated in the Rental Application form that was submitted and accepted by the Owner further that failure to comply will be considered a breach of contract and will result in the termination of the Rental b) to be responsible for any damages including the amount above and beyond the security deposit paid, caused by the Renter or anyone in the Renter’s party c) the Renter agrees to keep the Property and all furniture, fixtures, fittings and effects in or about the Property in the same state of repair and condition as at the commencement of the rental d) to vacate and leave the Property thoroughly cleaned and remove all trash/recycling and return the key as instructed by the Company otherwise a penalty will be charged e) report to the Owner AND Company immediately either upon arrival or throughout the Rental, details of any complaints, problems or damage done to the Property or any of the furniture, fixtures, fittings and effects, failure to do so may preclude any Renters claim to a refund of Rent and Renter may be charged for these damages f) the Company does not inspect the cottage prior to each rental as it is the responsibility of the owner or their representative g) to charge all long distance telephone calls to either a credit card or another number h) that any contact with the Owner will not be for private rental purposes, this clause h) will extend to the end of the following calendar year, and if a private arrangement does occur the Renter and Owner both agree to pay the Company a penalty equal to the commission on the said Property i) the Renter agrees not to assign or sublet any or part of the rental
- The Company must remit the Rent to the Owner by the start of each Rental therefore, the Company cannot refund any Rent. Should the Renter have any cause for complaint in relation to the Property the Renter must immediately advise the Company and Property Owner. Any refund of Rent must be negotiated by the Renter with the Owner, mitigated by the Company when required, and refunded by the Owner. The Company does not undertake to carry out an investigation of any such complaint unless there is reasonable time for such an investigation to take place before the end of the Rental period. Any notice of complaint from the Renter after the Rental period ends WILL NOT be accepted by the Company.
- The Company, on behalf of the Owner, shall be entitled to collect from the Renter a returnable deposit as security for the observance by the Renter of his undertaking and of the conditions of the Rental. Should notification of a dispute of claim be received by the Company, from the Renter or the Owner, the Company must hold the security deposit until both parties have resolved the dispute. The Renter shall not hold the Company legally responsible for the release of the security deposit or refund of any rent or for any legal action taken against the Renter by the Owner. The security deposit will also be used to pay for any long distance telephone calls made during the period of Rental and/or utility costs where this is a condition of the rental. Security deposits sent back to the Renter and not cashed or claimed by the Renter after 2 years will be disbursed at the discretion of the Company.
- The Owner, their representative and/or personnel from the Company shall be allowed access to the Property at any reasonable time during the Rental.
- The Renter agrees to abide by any reasonable household rules assumed or posted by the Owner. The following restrictions apply but are not limited to: excessive noise, parties, tents, camper trailers, all-terrain vehicles, portable toilets, use of fireworks, construction of fire pit, burning during a fire ban, additional guests/pets, etc. If the Renter’s standard of behavior is such that it leads to complaints and results in the Owner terminating the Rental, the Renter agrees to forfeit his Rental and all Rent and fees paid and to vacate the Property immediately.
- The Renter shall obtain his own insurance coverage for all risks associated with his, his family and guests’ use of the Property and not make any claim against the Owner, the Company, their servants, or agents or any insurer thereof. The Renter, who executes this Agreement on behalf of himself, his family and guests acknowledges that there are inherent and different risks in a cottage property than a usual residence and assumes all risks and responsibility thereof. The Renter agrees that the amount of Rent is based upon his sole assumption of all such risks and responsibility.
- The Company and the Owner shall not be responsible for any injury, loss or damage caused, including negligent acts or omissions on the part of the Owner or the Company, which may be sustained by the Renter or any other person on or about the Property. This includes the use of any recreational equipment that may be on or about the Property, whether or not it was included in the rental. The Renter, who shall hold the Owner and the Company harmless and indemnified there from, assumes all risks of any such injury, loss or damage. The Renter or any person on or about the Property shall not allow any insurance carrier to subrogate a claim against the Owner, his servants, his representatives or the Company.
- If the Renter breaches any of the above Terms and Conditions they will be directed to vacate the premises and the rental will be terminated without any refund of Rent.
- The Owner and the Company shall not be held liable for any damages or inconveniences before or during the rental due to acts of God (including but not limited to tornadoes, power outages flooding) or any other causes beyond their control. In the case of the above, the Owner and the Company shall have the right to terminate or postpone this Agreement and there will be no refunds of Rent already received by the Owner.
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